Kilonzi Muthami t/a Qara Borehole Services v Musembi Mutisya [2022] KEELC 665 (KLR)
- Court
- Environment & Land Court
- Case number
- 665
- Citation
- [2022] KEELC 665 (KLR)
- Decided
- 23 March 2022
The court grants a stay of execution of the judgment in Environment and Land Court Case No. 10 of 2019, pending appeal, on condition that the Appellant deposits the decretal sum of Kshs. 1,300,000 in an interest earning joint account in the names of the parties' advocates within 30 days of this ruling.
Facts
The Appellant/Applicant, Kilonzi Muthami, sought a stay of execution of a judgment in Environment and Land Court Case No. 10 of 2019, where he was ordered to refund Kshs. 1,300,000 to the Respondent Musembi Mutisya due to breach of contract. The Respondent opposed the stay, alleging that the Appellant had not met the threshold for grant of stay pending appeal.
Issues
- Whether the Appellant has met the threshold for grant of stay of execution pending appeal.
- Whether substantial loss may result to the Appellant unless the order is made.
Reasoning
The court considered the Civil Procedure Rules and held that the Appellant must establish a sufficient cause, satisfaction of substantial loss, and the furnishing of security for the due performance of the decree or order. The court found that the Appellant's appeal has arguable grounds and that substantial financial loss may result if the order is not granted.
Outcome
The court granted a stay of execution of the judgment pending appeal.
Orders
- Order of stay of execution of Judgment in Mavoko ELC No. 10 of 2019, pending Appeal on condition that the Applicant deposits the decretal sum of Kshs. 1,300,000 in an interest earning joint account in the names of the parties' advocates within 30 days of this Ruling.
Remedies
- Deposit of Kshs. 1,300,000 in an interest earning joint account in the names of the parties' advocates.
Authorities cited
Cases cited (1)
- Vishram Ravji Halai vs. Thornton & Turpin Civil Application No. Nai. 15 of 1990 [1990] KLR 365
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